I 

116TH CONGRESS 

1ST SESSION H. R. 2820 

To authorize the cancellation of removal and adjustment of status of certain 

individuals who are long-term United States residents and entered the 

United States as children, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 17, 2019 

Ms. ROYBAL-ALLARD introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To authorize the cancellation of removal and adjustment 

of status of certain individuals who are long-term United 

States residents and entered the United States as children, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Dream Act of 2019’’. 


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1 TITLE I—TREATMENT OF CER2 TAIN LONG-TERM RESIDENTS 

3 WHO ENTERED THE UNITED 

4 STATES AS CHILDREN 

5 SEC. 101. PERMANENT RESIDENT STATUS ON A CONDI6 TIONAL BASIS FOR CERTAIN LONG-TERM 

7 RESIDENTS WHO ENTERED THE UNITED 

8 STATES AS CHILDREN. 

9 (a) CONDITIONAL BASIS FOR STATUS.—Notwith10 standing any other provision of law, and except as pro11 vided in section 103(c)(2), an alien shall be considered, 

12 at the time of obtaining the status of an alien lawfully 

13 admitted for permanent residence under this section, to 

14 have obtained such status on a conditional basis subject 

15 to the provisions of this Act. 

16 (b) REQUIREMENTS.— 

17 (1) IN GENERAL.—Notwithstanding any other 

18 provision of law, the Secretary or the Attorney Gen19 eral shall cancel the removal of, and adjust to the 

20 status of an alien lawfully admitted for permanent 

21 residence on a conditional basis, or without the con22 ditional basis as provided in section 103(c)(2), an 

23 alien who is inadmissible or deportable from the 

24 United States (or is under a grant of Deferred En25 forced Departure or has temporary protected status 


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1 under section 244 of the Immigration and Nation2 ality Act (8 U.S.C. 1254a)) if— 

3 (A) the alien has been continuously phys4 ically present in the United States since the 

5 date that is 4 years before the date of the en6 actment of this Act; 

7 (B) the alien was younger than 18 years of 

8 age on the date on which the alien entered the 

9 United States and has continuously resided in 

10 the United States since such entry; 

11 (C) the alien— 

12 (i) subject to section 203(d), is not in13 admissible under paragraph (1), (6)(E), 

14 (6)(G), (8), or (10) of section 212(a) of 

15 the Immigration and Nationality Act (8 

16 U.S.C. 1182(a)); 

17 (ii) has not ordered, incited, assisted, 

18 or otherwise participated in the persecution 

19 of any person on account of race, religion, 

20 nationality, membership in a particular so21 cial group, or political opinion; and 

22 (iii) is not barred from adjustment of 

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1 scribed under subsection (c), subject to the 

2 provisions of such subsection; and 

3 (D) the alien— 

4 (i) has been admitted to an institution 

5 of higher education; 

6 (ii) has been admitted to an area ca7 reer and technical education school at the 

8 postsecondary level; 

9 (iii) in the United States, has ob10 tained— 

11 (I) a high school diploma or a 

12 commensurate alternative award from 

13 a public or private high school; 

14 (II) a General Education Devel15 opment credential, a high school 

16 equivalency diploma recognized under 

17 State law, or another similar State18 authorized credential; 

19 (III) a credential or certificate 

20 from an area career and technical 

21 education school at the secondary 

22 level; or 

23 (IV) a recognized postsecondary 

24 credential; or 


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1 (iv) is enrolled in secondary school or 

2 in an education program assisting students 

3 in— 

4 (I) obtaining a high school di5 ploma or its recognized equivalent 

6 under State law; 

7 (II) passing the General Edu8 cation Development test, a high school 

9 equivalence diploma examination, or 

10 other similar State-authorized exam; 

11 (III) obtaining a certificate or 

12 credential from an area career and 

13 technical education school providing 

14 education at the secondary level; or 

15 (IV) obtaining a recognized post16 secondary credential. 

17 (2) APPLICATION FEE.— 

18 (A) IN GENERAL.—The Secretary may, 

19 subject to an exemption under section 203(c), 

20 require an alien applying under this section to 

21 pay a reasonable fee that is commensurate with 

22 the cost of processing the application but does 

23 not exceed $495.00. 

24 (B) SPECIAL PROCEDURE FOR APPLICANTS

25 WITH DACA.—The Secretary shall establish a 


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1 streamlined procedure for aliens who have been 

2 granted DACA and who meet the requirements 

3 for renewal (under the terms of the program in 

4 effect on January 1, 2017) to apply for can5 cellation of removal and adjustment of status to 

6 that of an alien lawfully admitted for perma7 nent residence on a conditional basis under this 

8 section, or without the conditional basis as pro9 vided in section 103(c)(2). Such procedure shall 

10 not include a requirement that the applicant 

11 pay a fee, except that the Secretary may re12 quire an applicant who meets the requirements 

13 for lawful permanent residence without the con14 ditional basis under section 103(c)(2) to pay a 

15 fee that is commensurate with the cost of proc16 essing the application, subject to the exemption 

17 under section 203(c). 

18 (3) BACKGROUND CHECKS.—The Secretary 

19 may not grant an alien permanent resident status on 

20 a conditional basis under this section until the re21 quirements of section 202 are satisfied. 

22 (4) MILITARY SELECTIVE SERVICE.—An alien 

23 applying for permanent resident status on a condi24 tional basis under this section, or without the condi25 tional basis as provided in section 103(c)(2), shall 


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1 establish that the alien has registered under the 

2 Military Selective Service Act (50 U.S.C. 3801 et 

3 seq.), if the alien is subject to registration under 

4 such Act. 

5 (c) CRIMINAL AND NATIONAL SECURITY BARS.— 

6 (1) GROUNDS OF INELIGIBILITY.—Except as 

7 provided in paragraph (2), an alien is ineligible for 

8 adjustment of status under this Act (whether on a 

9 conditional basis or without the conditional basis as 

10 provided in section 103(c)(2)) if any of the following 

11 apply: 

12 (A) The alien is inadmissible under para13 graph (2) or (3) of section 212(a) of the Immi14 gration and Nationality Act (8 U.S.C. 1182(a)). 

15 (B) Excluding any offense under State law 

16 for which an essential element is the alien’s im17 migration status, and any minor traffic offense, 

18 the alien has been convicted of— 

19 (i) any felony offense; 

20 (ii) 3 or more misdemeanor offenses 

21 (excluding simple possession of cannabis or 

22 cannabis-related paraphernalia, any offense 

23 involving cannabis or cannabis-related par24 aphernalia which is no longer prosecutable 

25 in the State in which the conviction was 


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1 entered, and any offense involving civil dis2 obedience without violence) not occurring 

3 on the same date, and not arising out of 

4 the same act, omission, or scheme of mis5 conduct; or 

6 (iii) a misdemeanor offense of domes7 tic violence, unless the alien demonstrates 

8 that such crime is related to the alien hav9 ing been— 

10 (I) a victim of domestic violence, 

11 sexual assault, stalking, child abuse or 

12 neglect, abuse or neglect in later life, 

13 or human trafficking; 

14 (II) battered or subjected to ex15 treme cruelty; or 

16 (III) a victim of criminal activity 

17 described in section 101(a)(15)(U)(iii) 

18 of the Immigration and Nationality 

19 Act (8 U.S.C. 1101(a)(15)(U)(iii)). 

20 (2) WAIVERS FOR CERTAIN MISDEMEANORS.— 

21 For humanitarian purposes, family unity, or if oth22 erwise in the public interest, the Secretary may— 

23 (A) waive the grounds of inadmissibility 

24 under subparagraphs (A), (C), and (D) of sec25 tion 212(a)(2) of the Immigration and NationVerDate Sep 11 2014 21:51 May 17, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2820.IH H2820

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1 ality Act (8 U.S.C. 1182(a)(2)), unless the con2 viction forming the basis for inadmissibility 

3 would otherwise render the alien ineligible 

4 under paragraph (1)(B) (subject to subpara5 graph (B)); and 

6 (B) for purposes of clauses (ii) and (iii) of 

7 paragraph (1)(B), waive consideration of— 

8 (i) one misdemeanor offense if the 

9 alien has not been convicted of any offense 

10 in the 5-year period preceding the date on 

11 which the alien applies for adjustment of 

12 status under this Act; or 

13 (ii) up to two misdemeanor offenses if 

14 the alien has not been convicted of any of15 fense in the 10-year period preceding the 

16 date on which the alien applies for adjust17 ment of status under this Act. 

18 (3) AUTHORITY TO CONDUCT SECONDARY RE19 VIEW.— 

20 (A) IN GENERAL.—Notwithstanding an 

21 alien’s eligibility for adjustment of status under 

22 this Act, and subject to the procedures de23 scribed in this paragraph, the Secretary of 

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1 cation for adjustment of status (whether on a 

2 conditional basis or without the conditional 

3 basis as provided in section 103(c)(2)) if the 

4 Secretary, based on clear and convincing evi5 dence, which shall include credible law enforce6 ment information, determines that the alien is 

7 described in subparagraph (B) or (C). 

8 (B) PUBLIC SAFETY.—An alien is de9 scribed in this subparagraph if— 

10 (i) excluding simple possession of can11 nabis or cannabis-related paraphernalia, 

12 any offense involving cannabis or cannabis13 related paraphernalia which is no longer 

14 prosecutable in the State in which the con15 viction was entered, any offense under 

16 State law for which an essential element is 

17 the alien’s immigration status, any offense 

18 involving civil disobedience without vio19 lence, and any minor traffic offense, the 

20 alien— 

21 (I) has been convicted of a mis22 demeanor offense punishable by a 

23 term of imprisonment of more than 

24 30 days; or 


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1 (II) has been adjudicated delin2 quent in a State or local juvenile court 

3 proceeding that resulted in a disposi4 tion ordering placement in a secure 

5 facility; and 

6 (ii) the alien poses a significant and 

7 continuing threat to public safety related 

8 to such conviction or adjudication. 

9 (C) GANG PARTICIPATION.—An alien is de10 scribed in this subparagraph if the alien has, 

11 within the 5 years immediately preceding the 

12 date of the application, knowingly, willingly, 

13 and willfully participated in offenses committed 

14 by a criminal street gang (as described in sub15 sections (a) and (c) of section 521 of title 18, 

16 United States Code) with the intent to promote 

17 or further the commission of such offenses. 

18 (D) EVIDENTIARY LIMITATION.—For pur19 poses of subparagraph (C), allegations of gang 

20 membership obtained from a State or Federal 

21 in-house or local database, or a network of 

22 databases used for the purpose of recording and 

23 sharing activities of alleged gang members 

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1 tablish the participation described in such para2 graph. 

3 (E) NOTICE.— 

4 (i) IN GENERAL.—Prior to rendering 

5 a discretionary decision under this para6 graph, the Secretary of Homeland Security 

7 shall provide written notice of the intent to 

8 provisionally deny the application to the 

9 alien (or the alien’s counsel of record, if 

10 any) by certified mail and, if an electronic 

11 mail address is provided, by electronic mail 

12 (or other form of electronic communica13 tion). Such notice shall— 

14 (I) articulate with specificity all 

15 grounds for the preliminary deter16 mination, including the evidence relied 

17 upon to support the determination; 

18 and 

19 (II) provide the alien with not 

20 less than 90 days to respond. 

21 (ii) SECOND NOTICE.—Not more than 

22 30 days after the issuance of the notice 

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1 ten notice that meets the requirements of 

2 such clause. 

3 (iii) NOTICE NOT RECEIVED.—Not4 withstanding any other provision of law, if 

5 an applicant provides good cause for not 

6 contesting a provisional denial under this 

7 paragraph, including a failure to receive 

8 notice as required under this subpara9 graph, the Secretary of Homeland Security 

10 shall, upon a motion filed by the alien, re11 open an application for adjustment of sta12 tus under this Act and allow the applicant 

13 an opportunity to respond, consistent with 

14 clause (i)(II). 

15 (F) JUDICIAL REVIEW.—An alien is enti16 tled to judicial review of the Secretary’s deci17 sion to provisionally deny an application under 

18 this paragraph in accordance with the proce19 dures described in section 206(c). 

20 (4) DEFINITIONS.—For purposes of this sub21 section— 

22 (A) the term ‘‘felony offense’’ means an of23 fense under Federal or State law that is pun24 ishable by a maximum term of imprisonment of 

25 more than 1 year; 


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1 (B) the term ‘‘misdemeanor offense’’ 

2 means an offense under Federal or State law 

3 that is punishable by a term of imprisonment of 

4 more than 5 days but not more than 1 year; 

5 (C) the term ‘‘crime of domestic violence’’ 

6 means any offense that has as an element the 

7 use, attempted use, or threatened use of phys8 ical force against a person committed by a cur9 rent or former spouse of the person, by an indi10 vidual with whom the person shares a child in 

11 common, by an individual who is cohabiting 

12 with or has cohabited with the person as a 

13 spouse, by an individual similarly situated to a 

14 spouse of the person under the domestic or 

15 family violence laws of the jurisdiction where 

16 the offense occurs, or by any other individual 

17 against a person who is protected from that in18 dividual’s acts under the domestic or family vio19 lence laws of the United States or any State, 

20 Indian tribal government, or unit of local gov21 ernment; and 

22 (D) the term ‘‘convicted’’ or ‘‘conviction’’ 

23 does not include a judgment that has been ex24 punged or set aside, that resulted in a rehabili25 tative disposition, or the equivalent. 


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1 (d) LIMITATION ON REMOVAL OF CERTAIN ALIEN

2 MINORS.—An alien who is under 18 years of age and 

3 meets the requirements under subparagraphs (A), (B), 

4 and (C) of subsection (b)(1) shall be provided a reasonable 

5 opportunity to meet the educational requirements under 

6 subsection (b)(1)(D). The Attorney General or the Sec7 retary may not commence or continue with removal pro8 ceedings against such an alien. 

9 (e) WITHDRAWAL OF APPLICATION.—The Secretary 

10 of Homeland Security shall, upon receipt of a request to 

11 withdraw an application for adjustment of status under 

12 this section, cease processing of the application, and close 

13 the case. Withdrawal of the application under this sub14 section shall not prejudice any future application filed by 

15 the applicant for any immigration benefit under this Act 

16 or under the Immigration and Nationality Act (8 U.S.C. 

17 1101 et seq.). 

18 SEC. 102. TERMS OF PERMANENT RESIDENT STATUS ON A 

19 CONDITIONAL BASIS. 

20 (a) PERIOD OF STATUS.—Permanent resident status 

21 on a conditional basis is— 

22 (1) valid for a period of 10 years, unless such 

23 period is extended by the Secretary; and 

24 (2) subject to termination under subsection (c). 


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1 (b) NOTICE OF REQUIREMENTS.—At the time an 

2 alien obtains permanent resident status on a conditional 

3 basis, the Secretary shall provide notice to the alien re4 garding the provisions of this Act and the requirements 

5 to have the conditional basis of such status removed. 

6 (c) TERMINATION OF STATUS.—The Secretary may 

7 terminate the permanent resident status on a conditional 

8 basis of an alien only if the Secretary— 

9 (1) determines that the alien ceases to meet the 

10 requirements under section 101(b)(1)(C); and 

11 (2) prior to the termination, provides the 

12 alien— 

13 (A) notice of the proposed termination; 

14 and 

15 (B) the opportunity for a hearing to pro16 vide evidence that the alien meets such require17 ments or otherwise to contest the proposed ter18 mination. 

19 (d) RETURN TO PREVIOUS IMMIGRATION STATUS.— 

20 An alien whose permanent resident status on a conditional 

21 basis expires under subsection (a)(1) or is terminated 

22 under subsection (c), shall return to the immigration sta23 tus that the alien had immediately before receiving perma24 nent resident status on a conditional basis. 


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1 SEC. 103. REMOVAL OF CONDITIONAL BASIS OF PERMA2 NENT RESIDENT STATUS. 

3 (a) ELIGIBILITY FOR REMOVAL OF CONDITIONAL

4 BASIS.— 

5 (1) IN GENERAL.—Subject to paragraph (2), 

6 the Secretary shall remove the conditional basis of 

7 an alien’s permanent resident status granted under 

8 this Act and grant the alien status as an alien law9 fully admitted for permanent residence if the alien— 

10 (A) is described in section 111(b)(1)(C); 

11 (B) has not abandoned the alien’s resi12 dence in the United States during the period in 

13 which the alien has permanent resident status 

14 on a conditional basis; and 

15 (C)(i) has obtained a degree from an insti16 tution of higher education, or has completed at 

17 least 2 years, in good standing, of a program in 

18 the United States leading to a bachelor’s degree 

19 or higher degree or a recognized postsecondary 

20 credential from an area career and technical 

21 education school providing education at the 

22 postsecondary level; 

23 (ii) has served in the Uniformed Services 

24 for at least 2 years and, if discharged, received 

25 an honorable discharge; or 


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1 (iii) demonstrates earned income for peri2 ods totaling at least 3 years and that, during at 

3 least 75 percent of such earning periods, the 

4 alien had a valid employment authorization, ex5 cept that, in the case of an alien who was en6 rolled in an institution of higher education, an 

7 area career and technical education school to 

8 obtain a recognized postsecondary credential, or 

9 an education program described in section 

10 101(b)(1)(D)(iii), the Secretary shall reduce 

11 such total 3-year requirement by the total of 

12 such periods of enrollment. 

13 (2) HARDSHIP EXCEPTION.— 

14 (A) IN GENERAL.—The Secretary shall re15 move the conditional basis of an alien’s perma16 nent resident status and grant the alien status 

17 as an alien lawfully admitted for permanent 

18 residence if the alien— 

19 (i) satisfies the requirements under 

20 subparagraphs (A) and (B) of paragraph 

21 (1); 

22 (ii) demonstrates compelling cir23 cumstances for the inability to satisfy the 

24 requirements under subparagraph (C) of 

25 such paragraph; and 


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1 (iii) demonstrates that— 

2 (I) the alien has a disability; 

3 (II) the alien is a full-time care4 giver; or 

5 (III) the removal of the alien 

6 from the United States would result 

7 in hardship to the alien or the alien’s 

8 spouse, parent, or child who is a na9 tional of the United States or is law10 fully admitted for permanent resi11 dence. 

12 (3) CITIZENSHIP REQUIREMENT.— 

13 (A) IN GENERAL.—Except as provided in 

14 subparagraph (B), the conditional basis of an 

15 alien’s permanent resident status granted under 

16 this Act may not be removed unless the alien 

17 demonstrates that the alien satisfies the re18 quirements under section 312(a) of the Immi19 gration and Nationality Act (8 U.S.C. 1423(a)). 

20 (B) EXCEPTION.—Subparagraph (A) shall 

21 not apply to an alien who is unable to meet the 

22 requirements under such section 312(a) due to 

23 disability. 

24 (4) APPLICATION FEE.—The Secretary may, 

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1 quire aliens applying for removal of the conditional 

2 basis of an alien’s permanent resident status under 

3 this section to pay a reasonable fee that is commen4 surate with the cost of processing the application. 

5 (5) BACKGROUND CHECK.—The Secretary may 

6 not remove the conditional basis of an alien’s perma7 nent resident status until the requirements of sec8 tion 202 are satisfied. 

9 (b) TREATMENT FOR PURPOSES OF NATURALIZA10 TION.— 

11 (1) IN GENERAL.—For purposes of title III of 

12 the Immigration and Nationality Act (8 U.S.C. 1401 

13 et seq.), an alien granted permanent resident status 

14 on a conditional basis shall be considered to have 

15 been admitted to the United States, and be present 

16 in the United States, as an alien lawfully admitted 

17 for permanent residence. 

18 (2) LIMITATION ON APPLICATION FOR NATU19 RALIZATION.—An alien may not apply for natu20 ralization while the alien is in permanent resident 

21 status on a conditional basis. 

22 (c) TIMING OF APPROVAL OF LAWFUL PERMANENT

23 RESIDENT STATUS.— 

24 (1) IN GENERAL.—An alien granted permanent 

25 resident status on a conditional basis under this Act 


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1 may apply to have such conditional basis removed at 

2 any time after such alien has met the eligibility re3 quirements set forth in subsection (a). 

4 (2) APPROVAL WITH REGARD TO INITIAL APPLI5 CATIONS.— 

6 (A) IN GENERAL.—Notwithstanding any 

7 other provision of law, the Secretary or the At8 torney General shall cancel the removal of, and 

9 adjust to the status of an alien lawfully admit10 ted for permanent resident status without con11 ditional basis, any alien who— 

12 (i) demonstrates eligibility for lawful 

13 permanent residence status on a condi14 tional basis under section 101(b); and 

15 (ii) subject to the exceptions described 

16 in subsections (a)(2) and (a)(3)(B) of this 

17 section, already has fulfilled the require18 ments of paragraphs (1) and (3) of sub19 section (a) of this section at the time such 

20 alien first submits an application for bene21 fits under this Act. 

22 (B) BACKGROUND CHECKS.—Subsection 

23 (a)(5) shall apply to an alien seeking lawful 

24 permanent resident status without conditional 

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1 ner as it applies to an alien seeking removal of 

2 the conditional basis of an alien’s permanent 

3 resident status. Section 101(b)(3) shall not be 

4 construed to require the Secretary to conduct 

5 more than one identical security or law enforce6 ment background check on such an alien. 

7 (C) APPLICATION FEES.—In the case of an 

8 alien seeking lawful permanent resident status 

9 without conditional basis in an initial applica10 tion, the alien shall pay the fee required under 

11 subsection (a)(4), subject to the exemption al12 lowed under section 203(c), but shall not be re13 quired to pay the application fee under section 

14 101(b)(2). 

15 TITLE II—GENERAL PROVISIONS 

16 SEC. 201. DEFINITIONS. 

17 In this Act: 

18 (1) IN GENERAL.—Except as otherwise specifi19 cally provided, any term used in this Act that is 

20 used in the immigration laws shall have the meaning 

21 given such term in the immigration laws. 

22 (2) AREA CAREER AND TECHNICAL EDUCATION

23 SCHOOL.—The term ‘‘area career and technical edu24 cation school’’ has the meaning given such term in 


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1 section 3 of the Carl D. Perkins Career and Tech2 nical Education Act of 2006 (20 U.S.C. 2302). 

3 (3) DACA.—The term ‘‘DACA’’ means de4 ferred action granted to an alien pursuant to the 

5 Deferred Action for Childhood Arrivals policy an6 nounced by the Secretary of Homeland Security on 

7 June 15, 2012. 

8 (4) DISABILITY.—The term ‘‘disability’’ has the 

9 meaning given such term in section 3(1) of the 

10 Americans with Disabilities Act of 1990 (42 U.S.C. 

11 12102(1)). 

12 (5) FEDERAL POVERTY LINE.—The term ‘‘Fed13 eral poverty line’’ has the meaning given such term 

14 in section 213A(h) of the Immigration and Nation15 ality Act (8 U.S.C. 1183a). 

16 (6) HIGH SCHOOL; SECONDARY SCHOOL.—The 

17 terms ‘‘high school’’ and ‘‘secondary school’’ have 

18 the meanings given such terms in section 8101 of 

19 the Elementary and Secondary Education Act of 

20 1965 (20 U.S.C. 7801). 

21 (7) IMMIGRATION LAWS.—The term ‘‘immigra22 tion laws’’ has the meaning given such term in sec23 tion 101(a)(17) of the Immigration and Nationality 

24 Act (8 U.S.C. 1101(a)(17)). 


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1 (8) INSTITUTION OF HIGHER EDUCATION.—The 

2 term ‘‘institution of higher education’’— 

3 (A) except as provided in subparagraph 

4 (B), has the meaning given such term in section 

5 102 of the Higher Education Act of 1965 (20 

6 U.S.C. 1002); and 

7 (B) does not include an institution of high8 er education outside of the United States. 

9 (9) RECOGNIZED POSTSECONDARY CREDEN10 TIAL.—The term ‘‘recognized postsecondary creden11 tial’’ has the meaning given such term in section 3 

12 of the Workforce Innovation and Opportunity Act 

13 (29 U.S.C. 3102). 

14 (10) SECRETARY.—Except as otherwise specifi15 cally provided, the term ‘‘Secretary’’ means the Sec16 retary of Homeland Security. 

17 (11) UNIFORMED SERVICES.—The term ‘‘Uni18 formed Services’’ has the meaning given the term 

19 ‘‘uniformed services’’ in section 101(a) of title 10, 

20 United States Code. 

21 SEC. 202. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 

22 DATA; BACKGROUND CHECKS. 

23 (a) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

24 DATA.—The Secretary may not grant an alien adjustment 

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1 nent basis, unless the alien submits biometric and bio2 graphic data, in accordance with procedures established 

3 by the Secretary. The Secretary shall provide an alter4 native procedure for aliens who are unable to provide such 

5 biometric or biographic data because of a physical impair6 ment. 

7 (b) BACKGROUND CHECKS.—The Secretary shall use 

8 biometric, biographic, and other data that the Secretary 

9 determines appropriate to conduct security and law en10 forcement background checks and to determine whether 

11 there is any criminal, national security, or other factor 

12 that would render the alien ineligible for adjustment of 

13 status under this Act, on either a conditional or perma14 nent basis. The status of an alien may not be adjusted, 

15 on either a conditional or permanent basis, unless security 

16 and law enforcement background checks are completed to 

17 the satisfaction of the Secretary. 

18 SEC. 203. LIMITATION ON REMOVAL; APPLICATION AND 

19 FEE EXEMPTION; WAIVER OF GROUNDS FOR 

20 INADMISSIBILITY AND OTHER CONDITIONS 

21 ON ELIGIBLE INDIVIDUALS. 

22 (a) LIMITATION ON REMOVAL.—An alien who ap23 pears to be prima facie eligible for relief under this Act 

24 shall be given a reasonable opportunity to apply for such 

25 relief and may not be removed until, subject to section 


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1 206(c), a final decision establishing ineligibility for relief 

2 is rendered. 

3 (b) APPLICATION.—An alien present in the United 

4 States who has been ordered removed or has been per5 mitted to depart voluntarily from the United States may, 

6 notwithstanding such order or permission to depart, apply 

7 for adjustment of status under this Act. Such alien shall 

8 not be required to file a separate motion to reopen, recon9 sider, or vacate the order of removal. If the Secretary ap10 proves the application, the Secretary shall cancel the order 

11 of removal. If the Secretary renders a final administrative 

12 decision to deny the application, the order of removal or 

13 permission to depart shall be effective and enforceable to 

14 the same extent as if the application had not been made, 

15 only after all available administrative and judicial rem16 edies have been exhausted. 

17 (c) FEE EXEMPTION.—An applicant may be exempt18 ed from paying an application fee required under this Act 

19 if the applicant— 

20 (1) is younger than 18 years of age; 

21 (2) received total income, during the 12-month 

22 period immediately preceding the date on which the 

23 applicant files an application under this Act, that is 

24 less than 150 percent of the Federal poverty line; 


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1 (3) is in foster care or otherwise lacks any pa2 rental or other familial support; or 

3 (4) cannot care for himself or herself because of 

4 a serious, chronic disability. 

5 (d) WAIVER OF GROUNDS OF INADMISSIBILITY.— 

6 With respect to any benefit under this Act, and in addition 

7 to the waivers under section 101(c)(2), the Secretary may 

8 waive the grounds of inadmissibility under paragraph (1), 

9 (6)(E), (6)(G), or (10)(D) of section 212(a) of the Immi10 gration and Nationality Act (8 U.S.C. 1182(a)) for hu11 manitarian purposes, for family unity, or because the 

12 waiver is otherwise in the public interest. 

13 (e) ADVANCE PAROLE.—During the period beginning 

14 on the date on which an alien applies for adjustment of 

15 status under this Act and ending on the date on which 

16 the Secretary makes a final decision regarding such appli17 cation, the alien shall be eligible to apply for advance pa18 role. Section 101(g) of the Immigration and Nationality 

19 Act (8 U.S.C. 1101(g)) shall not apply to an alien granted 

20 advance parole under this section. 

21 (f) EMPLOYMENT.—An alien whose removal is stayed 

22 pursuant to this Act, who may not be placed in removal 

23 proceedings pursuant to this Act, or who has pending an 

24 application under this Act, shall, upon application to the 


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1 Secretary, be granted an employment authorization docu2 ment. 

3 SEC. 204. DETERMINATION OF CONTINUOUS PRESENCE 

4 AND RESIDENCE. 

5 (a) EFFECT OF NOTICE TO APPEAR.—Any period of 

6 continuous physical presence or continuous residence in 

7 the United States of an alien who applies for permanent 

8 resident status under this Act (whether on a conditional 

9 basis or without the conditional basis as provided in sec10 tion 103(c)(2)) shall not terminate when the alien is 

11 served a notice to appear under section 239(a) of the Im12 migration and Nationality Act (8 U.S.C. 1229(a)). 

13 (b) TREATMENT OF CERTAIN BREAKS IN PRESENCE

14 OR RESIDENCE.— 

15 (1) IN GENERAL.—Except as provided in para16 graphs (2) and (3), an alien shall be considered to 

17 have failed to maintain— 

18 (A) continuous physical presence in the 

19 United States under this Act if the alien has 

20 departed from the United States for any period 

21 exceeding 90 days or for any periods, in the ag22 gregate, exceeding 180 days; and 

23 (B) continuous residence in the United 

24 States under this Act if the alien has departed 

25 from the United States for any period exceeding 


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1 180 days, unless the alien establishes to the 

2 satisfaction of the Secretary of Homeland Secu3 rity that the alien did not in fact abandon resi4 dence in the United States during such period. 

5 (2) EXTENSIONS FOR EXTENUATING CIR6 CUMSTANCES.—The Secretary may extend the time 

7 periods described in paragraph (1) for an alien who 

8 demonstrates that the failure to timely return to the 

9 United States was due to extenuating circumstances 

10 beyond the alien’s control, including the serious ill11 ness of the alien, or death or serious illness of a par12 ent, grandparent, sibling, or child of the alien. 

13 (3) TRAVEL AUTHORIZED BY THE SEC14 RETARY.—Any period of travel outside of the United 

15 States by an alien that was authorized by the Sec16 retary may not be counted toward any period of de17 parture from the United States under paragraph 

18 (1). 

19 (c) WAIVER OF PHYSICAL PRESENCE.—With respect 

20 to aliens who were removed or departed the United States 

21 on or after January 20, 2017, and who were continuously 

22 physically present in the United States for at least 4 years 

23 prior to such removal or departure, the Secretary may, 

24 as a matter of discretion, waive the physical presence re25 quirement under section 101(b)(1)(A) for humanitarian 


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1 purposes, for family unity, or because a waiver is other2 wise in the public interest. The Secretary, in consultation 

3 with the Secretary of State, shall establish a procedure 

4 for such aliens to apply for relief under section 101 from 

5 outside the United States if they would have been eligible 

6 for relief under such section, but for their removal or de7 parture. 

8 SEC. 205. EXEMPTION FROM NUMERICAL LIMITATIONS. 

9 Nothing in this Act or in any other law may be con10 strued to apply a numerical limitation on the number of 

11 aliens who may be granted permanent resident status 

12 under this Act (whether on a conditional basis, or without 

13 the conditional basis as provided in section 103(c)(2)). 

14 SEC. 206. AVAILABILITY OF ADMINISTRATIVE AND JUDI15 CIAL REVIEW. 

16 (a) ADMINISTRATIVE REVIEW.—Not later than 30 

17 days after the date of the enactment of this Act, the Sec18 retary shall provide to aliens who have applied for adjust19 ment of status under this Act a process by which an appli20 cant may seek administrative appellate review of a denial 

21 of an application for adjustment of status, or a revocation 

22 of such status. 

23 (b) JUDICIAL REVIEW.—Except as provided in sub24 section (c), and notwithstanding any other provision of 

25 law, an alien may seek judicial review of a denial of an 


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1 application for adjustment of status, or a revocation of 

2 such status, under this Act in the United States district 

3 court with jurisdiction over the alien’s residence. 

4 (c) JUDICIAL REVIEW OF A PROVISIONAL DENIAL.— 

5 (1) IN GENERAL.—Notwithstanding any other 

6 provision of law, if, after notice and the opportunity 

7 to respond under section 101(c)(3)(E), the Secretary 

8 provisionally denies an application for adjustment of 

9 status under this Act, the alien shall have 60 days 

10 from the date of the Secretary’s determination to 

11 seek review of such determination in the United 

12 States District Court for the District of Columbia or 

13 in the United States district court with jurisdiction 

14 over the alien’s residence. 

15 (2) SCOPE OF REVIEW AND DECISION.—Not16 withstanding any other provision of law, review 

17 under paragraph (1) shall be de novo and based 

18 solely on the administrative record, except that the 

19 applicant shall be given the opportunity to supple20 ment the administrative record and the Secretary 

21 shall be given the opportunity to rebut the evidence 

22 and arguments raised in such submission. Upon 

23 issuing its decision, the court shall remand the mat24 ter, with appropriate instructions, to the DepartVerDate Sep 11 2014 21:51 May 17, 2019 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H2820.IH H2820

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1 ment of Homeland Security to render a final deci2 sion on the application. 

3 (3) APPOINTED COUNSEL.—Notwithstanding 

4 any other provision of law, an applicant seeking ju5 dicial review under paragraph (1) shall be rep6 resented by counsel. Upon the request of the appli7 cant, counsel shall be appointed for the applicant, in 

8 accordance with procedures to be established by the 

9 Attorney General within 90 days of the date of the 

10 enactment of this Act, and shall be funded in ac11 cordance with fees collected and deposited in the Im12 migration Counsel Account under section 212. 

13 (d) STAY OF REMOVAL.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), an alien seeking administrative or judicial 

16 review under this Act may not be removed from the 

17 United States until a final decision is rendered es18 tablishing that the alien is ineligible for adjustment 

19 of status under this Act. 

20 (2) EXCEPTION.—The Secretary may remove 

21 an alien described in paragraph (1) pending judicial 

22 review if such removal is based on criminal or na23 tional security grounds described in this Act. Such 

24 removal shall not affect the alien’s right to judicial 

25 review under this Act. The Secretary shall promptly 


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1 return a removed alien if a decision to deny an ap2 plication for adjustment of status under this Act, or 

3 to revoke such status, is reversed. 

4 SEC. 207. DOCUMENTATION REQUIREMENTS. 

5 (a) DOCUMENTS ESTABLISHING IDENTITY.—An 

6 alien’s application for permanent resident status under 

7 this Act (whether on a conditional basis, or without the 

8 conditional basis as provided in section 103(c)(2)) may in9 clude, as evidence of identity— 

10 (1) a passport or national identity document 

11 from the alien’s country of origin that includes the 

12 alien’s name and the alien’s photograph or finger13 print; 

14 (2) the alien’s birth certificate and an identity 

15 card that includes the alien’s name and photograph; 

16 (3) a school identification card that includes the 

17 alien’s name and photograph, and school records 

18 showing the alien’s name and that the alien is or 

19 was enrolled at the school; 

20 (4) a Uniformed Services identification card 

21 issued by the Department of Defense; 

22 (5) any immigration or other document issued 

23 by the United States Government bearing the alien’s 

24 name and photograph; 


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1 (6) a State-issued identification card bearing 

2 the alien’s name and photograph; or 

3 (7) any other evidence determined to be credible 

4 by the Secretary. 

5 (b) DOCUMENTS ESTABLISHING ENTRY, CONTIN6 UOUS PHYSICAL PRESENCE, LACK OF ABANDONMENT OF

7 RESIDENCE.—To establish that an alien was younger than 

8 18 years of age on the date on which the alien entered 

9 the United States, as required under section 101(b)(1)(B), 

10 that an alien has been continuously physically present in 

11 the United States, as required under section 101(b)(1)(A), 

12 or that an alien has not abandoned residence in the United 

13 States, as required under section 103(a)(1)(B), the alien 

14 may submit the following forms of evidence: 

15 (1) Passport entries, including admission 

16 stamps on the alien’s passport. 

17 (2) Any document from the Department of Jus18 tice or the Department of Homeland Security noting 

19 the alien’s date of entry into the United States. 

20 (3) Records from any educational institution 

21 the alien has attended in the United States. 

22 (4) Employment records of the alien that in23 clude the employer’s name and contact information, 

24 or other records demonstrating earned income. 


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1 (5) Records of service from the Uniformed 

2 Services. 

3 (6) Official records from a religious entity con4 firming the alien’s participation in a religious cere5 mony. 

6 (7) A birth certificate for a child who was born 

7 in the United States. 

8 (8) Hospital or medical records showing med9 ical treatment or hospitalization, the name of the 

10 medical facility or physician, and the date of the 

11 treatment or hospitalization. 

12 (9) Automobile license receipts or registration. 

13 (10) Deeds, mortgages, or rental agreement 

14 contracts. 

15 (11) Rent receipts or utility bills bearing the 

16 alien’s name or the name of an immediate family 

17 member of the alien, and the alien’s address. 

18 (12) Tax receipts. 

19 (13) Insurance policies. 

20 (14) Remittance records, including copies of 

21 money order receipts sent in or out of the country. 

22 (15) Travel records. 

23 (16) Dated bank transactions. 

24 (17) Two or more sworn affidavits from individ25 uals who are not related to the alien who have direct 


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1 knowledge of the alien’s continuous physical pres2 ence in the United States, that contain— 

3 (A) the name, address, and telephone num4 ber of the affiant; and 

5 (B) the nature and duration of the rela6 tionship between the affiant and the alien. 

7 (18) Any other evidence determined to be cred8 ible by the Secretary. 

9 (c) DOCUMENTS ESTABLISHING ADMISSION TO AN

10 INSTITUTION OF HIGHER EDUCATION.—To establish that 

11 an alien has been admitted to an institution of higher edu12 cation, the alien may submit to the Secretary a document 

13 from the institution of higher education certifying that the 

14 alien— 

15 (1) has been admitted to the institution; or 

16 (2) is currently enrolled in the institution as a 

17 student. 

18 (d) DOCUMENTS ESTABLISHING RECEIPT OF A DE19 GREE FROM AN INSTITUTION OF HIGHER EDUCATION.— 

20 To establish that an alien has acquired a degree from an 

21 institution of higher education in the United States, the 

22 alien may submit to the Secretary a diploma or other doc23 ument from the institution stating that the alien has re24 ceived such a degree. 


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1 (e) DOCUMENTS ESTABLISHING RECEIPT OF A HIGH

2 SCHOOL DIPLOMA, GENERAL EDUCATIONAL DEVELOP3 MENT CREDENTIAL, OR A RECOGNIZED EQUIVALENT.— 

4 To establish that in the United States an alien has earned 

5 a high school diploma or a commensurate alternative 

6 award from a public or private high school, has obtained 

7 the General Education Development credential, or other8 wise has satisfied section 101(b)(1)(D)(iii), the alien may 

9 submit to the Secretary— 

10 (1) a high school diploma, certificate of comple11 tion, or other alternate award; 

12 (2) a high school equivalency diploma or certifi13 cate recognized under State law; 

14 (3) evidence that the alien passed a State-au15 thorized exam, including the General Education De16 velopment test, in the United States; 

17 (4) evidence that the alien successfully com18 pleted an area career and technical education pro19 gram, such as a certification, certificate, or similar 

20 alternate award; 

21 (5) evidence that the alien obtained a recog22 nized postsecondary credential; or 

23 (6) any other evidence determined to be credible 

24 by the Secretary. 


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1 (f) DOCUMENTS ESTABLISHING ENROLLMENT IN AN

2 EDUCATIONAL PROGRAM.—To establish that an alien is 

3 enrolled in any school or education program described in 

4 section 101(b)(1)(D)(iv) or 103(a)(1)(C), the alien may 

5 submit school records from the United States school that 

6 the alien is currently attending that include— 

7 (1) the name of the school; and 

8 (2) the alien’s name, periods of attendance, and 

9 current grade or educational level. 

10 (g) DOCUMENTS ESTABLISHING EXEMPTION FROM

11 APPLICATION FEES.—To establish that an alien is exempt 

12 from an application fee under section 203(c), the alien 

13 may submit to the Secretary the following relevant docu14 ments: 

15 (1) DOCUMENTS TO ESTABLISH AGE.—To es16 tablish that an alien meets an age requirement, the 

17 alien may provide proof of identity, as described in 

18 subsection (a), that establishes that the alien is 

19 younger than 18 years of age. 

20 (2) DOCUMENTS TO ESTABLISH INCOME.—To 

21 establish the alien’s income, the alien may provide— 

22 (A) employment records or other records of 

23 earned income that have been maintained by 

24 the Social Security Administration, the Internal 


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1 Revenue Service, or any other Federal, State, 

2 or local government agency; 

3 (B) bank records; or 

4 (C) at least 2 sworn affidavits from indi5 viduals who are not related to the alien and 

6 who have direct knowledge of the alien’s work 

7 and income that contain— 

8 (i) the name, address, and telephone 

9 number of the affiant; and 

10 (ii) the nature and duration of the re11 lationship between the affiant and the 

12 alien. 

13 (3) DOCUMENTS TO ESTABLISH FOSTER CARE, 

14 LACK OF FAMILIAL SUPPORT, OR SERIOUS, CHRONIC

15 DISABILITY.—To establish that the alien was in fos16 ter care, lacks parental or familial support, or has 

17 a serious, chronic disability, the alien may provide at 

18 least 2 sworn affidavits from individuals who are not 

19 related to the alien and who have direct knowledge 

20 of the circumstances that contain— 

21 (A) a statement that the alien is in foster 

22 care, otherwise lacks any parental or other fa23 miliar support, or has a serious, chronic dis24 ability, as appropriate; 


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1 (B) the name, address, and telephone num2 ber of the affiant; and 

3 (C) the nature and duration of the rela4 tionship between the affiant and the alien. 

5 (h) DOCUMENTS ESTABLISHING QUALIFICATION FOR

6 HARDSHIP EXEMPTION.—To establish that an alien satis7 fies one of the criteria for the hardship exemption set forth 

8 in section 103(a)(2)(A)(iii), the alien may submit to the 

9 Secretary at least 2 sworn affidavits from individuals who 

10 are not related to the alien and who have direct knowledge 

11 of the circumstances that warrant the exemption, that 

12 contain— 

13 (1) the name, address, and telephone number of 

14 the affiant; and 

15 (2) the nature and duration of the relationship 

16 between the affiant and the alien. 

17 (i) DOCUMENTS ESTABLISHING SERVICE IN THE

18 UNIFORMED SERVICES.—To establish that an alien has 

19 served in the Uniformed Services for at least 2 years and, 

20 if discharged, received an honorable discharge, the alien 

21 may submit to the Secretary— 

22 (1) a Department of Defense form DD–214; 

23 (2) a National Guard Report of Separation and 

24 Record of Service form 22; 


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1 (3) personnel records for such service from the 

2 appropriate Uniformed Service; or 

3 (4) health records from the appropriate Uni4 formed Service. 

5 (j) DOCUMENTS ESTABLISHING EARNED INCOME.— 

6 (1) IN GENERAL.—An alien may satisfy the 

7 earned income requirement under section 

8 103(a)(1)(C)(iii) by submitting records that— 

9 (A) establish compliance with such require10 ment; and 

11 (B) have been maintained by the Social Se12 curity Administration, the Internal Revenue 

13 Service, or any other Federal, State, or local 

14 government agency. 

15 (2) OTHER DOCUMENTS.—An alien who is un16 able to submit the records described in paragraph 

17 (1) may satisfy the earned income requirement by 

18 submitting at least 2 types of reliable documents 

19 that provide evidence of employment or other forms 

20 of earned income, including— 

21 (A) bank records; 

22 (B) business records; 

23 (C) employer or contractor records; 


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1 (D) records of a labor union, day labor 

2 center, or organization that assists workers in 

3 employment; 

4 (E) sworn affidavits from individuals who 

5 are not related to the alien and who have direct 

6 knowledge of the alien’s work, that contain— 

7 (i) the name, address, and telephone 

8 number of the affiant; and 

9 (ii) the nature and duration of the re10 lationship between the affiant and the 

11 alien; 

12 (F) remittance records; or 

13 (G) any other evidence determined to be 

14 credible by the Secretary. 

15 (k) AUTHORITY TO PROHIBIT USE OF CERTAIN

16 DOCUMENTS.—If the Secretary determines, after publica17 tion in the Federal Register and an opportunity for public 

18 comment, that any document or class of documents does 

19 not reliably establish identity or that permanent resident 

20 status under this Act (whether on a conditional basis, or 

21 without the conditional basis as provided in section 

22 103(c)(2)) is being obtained fraudulently to an unaccept23 able degree, the Secretary may prohibit or restrict the use 

24 of such document or class of documents. 


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1 SEC. 208. RULE MAKING. 

2 (a) IN GENERAL.—Not later than 90 days after the 

3 date of the enactment of this Act, the Secretary shall pub4 lish in the Federal Register interim final rules imple5 menting this Act, which shall allow eligible individuals to 

6 immediately apply for relief under section 101 or 

7 103(c)(2). Notwithstanding section 553 of title 5, United 

8 States Code, the regulation shall be effective, on an in9 terim basis, immediately upon publication, but may be 

10 subject to change and revision after public notice and op11 portunity for a period of public comment. The Secretary 

12 shall finalize such rules not later than 180 days after the 

13 date of publication. 

14 (b) PAPERWORK REDUCTION ACT.—The require15 ments under chapter 35 of title 44, United States Code, 

16 (commonly known as the ‘‘Paperwork Reduction Act’’) 

17 shall not apply to any action to implement this Act. 

18 SEC. 209. CONFIDENTIALITY OF INFORMATION. 

19 (a) IN GENERAL.—The Secretary may not disclose 

20 or use information (including information provided during 

21 administrative or judicial review) provided in applications 

22 filed under this Act or in requests for DACA for the pur23 pose of immigration enforcement. 

24 (b) REFERRALS PROHIBITED.—The Secretary, based 

25 solely on information provided in an application for adjust26 ment of status under this Act (including information proVerDate Sep 11 2014 21:51 May 17, 2019 Jkt 089200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H2820.IH H2820

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1 vided during administrative or judicial review) or an appli2 cation for DACA, may not refer an applicant to U.S. Im3 migration and Customs Enforcement, U.S. Customs and 

4 Border Protection, or any designee of either such entity. 

5 (c) LIMITED EXCEPTION.—Notwithstanding sub6 sections (a) and (b), information provided in an applica7 tion for adjustment of status under this Act may be 

8 shared with Federal security and law enforcement agen9 cies— 

10 (1) for assistance in the consideration of an ap11 plication for adjustment of status under this Act; 

12 (2) to identify or prevent fraudulent claims; 

13 (3) for national security purposes; or 

14 (4) for the investigation or prosecution of any 

15 felony offense not related to immigration status. 

16 (d) PENALTY.—Any person who knowingly uses, pub17 lishes, or permits information to be examined in violation 

18 of this section shall be fined not more than $10,000. 

19 SEC. 210. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI20 CANTS. 

21 (a) ESTABLISHMENT.—The Secretary of Homeland 

22 Security shall establish, within U.S. Citizenship and Immi23 gration Services, a program to award grants, on a com24 petitive basis, to eligible nonprofit organizations that will 

25 use the funding to assist eligible applicants under this Act 


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1 by providing them with the services described in sub2 section (b). 

3 (b) USE OF FUNDS.—Grant funds awarded under 

4 this section shall be used for the design and implementa5 tion of programs that provide— 

6 (1) information to the public regarding the eli7 gibility and benefits of permanent resident status 

8 under this Act (whether on a conditional basis, or 

9 without the conditional basis as provided in section 

10 103(c)(2)), particularly to individuals potentially eli11 gible for such status; 

12 (2) assistance, within the scope of authorized 

13 practice of immigration law, to individuals submit14 ting applications for adjustment of status under this 

15 Act (whether on a conditional basis, or without the 

16 conditional basis as provided in section 103(c)(2)), 

17 including— 

18 (A) screening prospective applicants to as19 sess their eligibility for such status; 

20 (B) completing applications and petitions, 

21 including providing assistance in obtaining the 

22 requisite documents and supporting evidence; 

23 and 

24 (C) providing any other assistance that the 

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1 essary to apply for adjustment of status under 

2 this Act (whether on a conditional basis, or 

3 without the conditional basis as provided in sec4 tion 103(c)(2)); and 

5 (3) assistance, within the scope of authorized 

6 practice of immigration law, and instruction, to indi7 viduals— 

8 (A) on the rights and responsibilities of 

9 United States citizenship; 

10 (B) in civics and English as a second lan11 guage; 

12 (C) in preparation for the General Edu13 cation Development test; and 

14 (D) in applying for adjustment of status 

15 and United States citizenship. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.— 

17 (1) AMOUNTS AUTHORIZED.—There are author18 ized to be appropriated such sums as may be nec19 essary for each of the fiscal years 2020 through 

20 2030 to carry out this section. 

21 (2) AVAILABILITY.—Any amounts appropriated 

22 pursuant to paragraph (1) shall remain available 

23 until expended. 


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1 SEC. 211. PROVISIONS AFFECTING ELIGIBILITY FOR AD2 JUSTMENT OF STATUS. 

3 An alien’s eligibility to be lawfully admitted for per4 manent residence under this Act (whether on a conditional 

5 basis, or without the conditional basis as provided in sec6 tion 103(c)(2)) shall not preclude the alien from seeking 

7 any status under any other provision of law for which the 

8 alien may otherwise be eligible. 

9 SEC. 212. SUPPLEMENTARY SURCHARGE FOR APPOINTED 

10 COUNSEL. 

11 (a) IN GENERAL.—Except as provided in section 202 

12 and in cases where the applicant is exempt from paying 

13 a fee under section 203(c), in any case in which a fee is 

14 charged pursuant to this Act, an additional surcharge of 

15 $25 shall be imposed and collected for the purpose of pro16 viding appointed counsel to applicants seeking judicial re17 view of the Secretary’s decision to provisionally deny an 

18 application under section 206(c)(3). 

19 (b) IMMIGRATION COUNSEL ACCOUNT.—There is es20 tablished in the general fund of the Treasury a separate 

21 account which shall be known as the ‘‘Immigration Coun22 sel Account’’. Fees collected under subsection (a) shall be 

23 deposited into the Immigration Counsel Account and shall 

24 to remain available until expended for purposes of pro25 viding appointed counsel as required under this Act. 


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1 (c) REPORT.—At the end of each 2-year period, be2 ginning with the establishment of this account, the Sec3 retary of Homeland Security shall submit a report to the 

4 Congress concerning the status of the account, including 

5 any balances therein, and recommend any adjustment in 

6 the prescribed fee that may be required to ensure that the 

7 receipts collected from the fee charged for the succeeding 

8 two years equal, as closely as possible, the cost of pro9 viding appointed counsel as required under this Act. 

10 SEC. 213. ANNUAL REPORT ON PROVISIONAL DENIAL AU11 THORITY. 

12 Not later than 1 year after the date of the enactment 

13 of this Act, and annually thereafter, the Secretary of 

14 Homeland Security shall submit to the Congress a report 

15 detailing the number of applicants that receive— 

16 (1) a provisional denial under this Act; 

17 (2) a final denial under this Act without seek18 ing judicial review; 

19 (3) a final denial under this Act after seeking 

20 judicial review; and 

21 (4) an approval under this Act after seeking ju22 dicial review. 

Æ 


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